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False Claims Act and Qui Tam

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Litigation

Post-Grant

Prosecution & Counseling

Fish & Richardson’s False Claims Act/Qui Tam Practice Group is experienced in all aspects of qui tam proceedings under the False Claims Act.

How False Claim Act Cases Work

Originally enacted at the behest of Abraham Lincoln during the Civil War to combat fraud on the federal fisc by unscrupulous war profiteers, the False Claims Act has become a powerful modern day weapon in policing fraud on the Government in the 21st century. Federal and state prosecutors, regulators, auditors, and investigators closely scrutinize companies that receive federal and state dollars for goods and services, particularly in the area of healthcare reimbursement under Medicare, Medicaid, and other federal health care programs. The False Claims Act and various state laws provide that private citizens with knowledge of fraud, abuse, and corporate misconduct may file court cases on behalf of the Government, which will then be placed under seal while being investigated. The Government may choose to intervene and take the lead in pursuing the case, but in most cases the whistleblower prosecutes the case with the aid of experienced counsel like our False Claim Act team. In either event, the whistleblower shares in any eventual recovery on behalf of the federal or state government.

Resources

Fish’s False Claims/Qui Tam team includes an essential mix of litigators who have handled not only federal and state whistleblower cases but also a wide range of business and IP disputes, Federal Circuit appeals, regulatory matters, white collar cases, and scores of internal investigations. Many of our attorneys have also worked as in- house counsel and compliance officers in highly regulated industries, including the pharmaceutical industry. Our trial skills are enriched by our broad and deep technical expertise, which sets us apart from general practice firms.

Representative Cases

  • Represented whistleblower Allen Jones in his claims that Johnson & Johnson’s Janssen exaggerated the benefits of its antipsychotic drug Risperdal in order to dupe the Texas Medicaid Program. Following expert testimony by plaintiffs’ experts regarding Janssen’s concealment and manipulation of scientific data, the manufacturers agreed to a $158 million settlement that represents the largest Medicaid fraud recovery in Texas history. The record-breaking case was the subject of news coverage in The New York Times, Bloomberg, The Texas Tribune, and a variety of other U.S. and international media outlets.
  • Represented two whistleblowers in a federal False Claims Act suit against Ocwen Financial Corporation and a related company. The case focused on allegations of Ocwen’s misconduct in connection with the United States Treasury’s Home Affordable Mortgage Program (“HAMP”), in which home mortgage servicing companies like Ocwen received incentive payments from the federal government in return for assisting homeowners in obtaining mortgage relief following the onset of the Great Recession in 2008. The case was settled shortly before trial for $30 million.

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